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Data Protection

The document discusses India's proposed Data Protection Bill 2021. It aims to provide protection of individuals' privacy relating to their personal data and regulate how personal data is collected and processed. It would apply to the government, companies incorporated in India, and foreign companies. It outlines key terms like personal data, sensitive personal data, data fiduciary, and data processor. It discusses the rights of individuals and obligations of entities processing data. It also discusses penalties for non-compliance and compares the bill to present regulations. The bill aims to safeguard privacy rights while encouraging innovation through equitable data use.

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12 views

Data Protection

The document discusses India's proposed Data Protection Bill 2021. It aims to provide protection of individuals' privacy relating to their personal data and regulate how personal data is collected and processed. It would apply to the government, companies incorporated in India, and foreign companies. It outlines key terms like personal data, sensitive personal data, data fiduciary, and data processor. It discusses the rights of individuals and obligations of entities processing data. It also discusses penalties for non-compliance and compares the bill to present regulations. The bill aims to safeguard privacy rights while encouraging innovation through equitable data use.

Uploaded by

Ratan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as XLSX, PDF, TXT or read online on Scribd
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Data Security Bill 2019

Particulars
Need for such a bill

Applicability

Purpose

Key terms

Classification of data

Obligations of data fiduciary

Rights of Data Principle

Grounds to restrict disclosure

Grounds for processing personal data


Adjudicating Officer
Related

Penalties

Proposed Data Protection Bill 2021


Details
Absence of specific law on privacy. Previously IT act had some laws regarding privacy.
Right to privacy is a fundamental right.

Governs processing of personal data by


a. Government
b. Companies incorporated in India
c. Foreign Company

Provide for protection of the privacy of individuals relating to their


a. Personal data
b. Flow and usage of personal data
c. Protect rights of individuals

Data Principle - Natural Person to whom data relates.

Data Fiduciary - Any person who determines purpose & means of processing the personal data.

Data Processor - Processes personal data on behalf of data fiduciary.

A. Personal data.
B. Sensitive personal data
C. Critical Personal data
Data processing will be subject to certain purpose, collection and storage limitations such as

a. implementing security safeguards


b. instituting grievance redressal mechanisms to address complaints of individuals.

A. Obtain confirmation from the fiduciary on whether their personal data has been processed
B. Seek correction of inaccurate, incomplete, or out-of-date personal data,
C. Have personal data transferred to any other data fiduciary in certain circumstances, and
D. restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is
withdrawn.

Grounds for claiming the right to restrict disclosure of any personal data
A. Once purpose has been achieved or
B. When the data principal’s consent has been withdrawn, or
C. When the disclosure was made in an unlawful manner, the data principal can restrict the disclosure of the
concerned personal data.

The Bill allows processing of data by fiduciaries only if consent is provided by the individual. certain
circumstances, personal data can be processed without consent.

A. If required by the State for providing benefits to the individual,


B. Legal proceedings,
C. To respond to a medical emergency.
Adjudicating Officer shall be appointed by the Union Government.

In order to avail the right under Clause 20 it is necessary for the data principal to show that his claim meets one
of the three conditions (condition in the above point related to grounds)

Factors that must be considered by the Adjudicating Officer before issuing an order on the claim of right to be
forgotten of a data principal, and they are the following

1.Sensitivity of the personal data;


2.The extent of disclosure and accessibility that the data principal seeks to restrict;
3.Importance of the data principal’s role in public;
4.Relevance of the personal data to the public;
5.The nature of the disclosure and activities of the data fiduciary, especially whether the data fiduciary
systematically facilitates access to personal data and whether the restriction of the disclosure would
significantly affect them.

If any other person finds the order unreasonable and uncalled for, can apply for a review of the order to the
Adjudicating Officer.

Data principals can also appeal against the decision of the Adjudicating Officer to the appellate board

Obligations if violated may lead to penalty of :-

A. INR 5 Cr. or 2% of the global turnover


1. Prompt and appropriate action in response to a data security breach
2. Failure to register with the Authority
3. Undertaking a data protection impact assessment by a significant data fiduciary
4. Conducting a data audit by a significant data fiduciary
5. Appointment of a data protection officer by a significant data fiduciary
B. INR 15 Cr. or 4% of the global turnover
1. Ground of processing of personal data
2. Ground of processing of sensitive personal data
3. Ground of processing of personal and sensitive personal data of children
4. Adhering to data security safeguards
5. Transfer of personal data outside India subject to defined conditions

In comparison to present regulations, it will assist, safeguard individuals’ privacy rights and encourage the
equitable and transparent use of data for innovation and growth, therefore unleashing the digital economy.

Scope has been extended to personal and non personal data. Thus the title has been changed from Personal
Data Protection bill to Data Protection bill.

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